Full Text of this Amendment

SA 6. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill S. 223, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title VII, insert the following:
SECTION 732. LIABILITY PROTECTION FOR CERTAIN VOLUNTEER PILOTS.
(a) Short Title.--This section may be cited as the "Volunteer Pilot Organization Protection Act of 2011".
(b) Findings and Purpose.--
(1) FINDINGS.--Congress finds the following:
(A) Many volunteer pilot nonprofit organizations fly for public benefit and provide valuable services to communities and individuals.
(B) In calendar year 2006, volunteer pilot nonprofit organizations provided long-distance, no-cost transportation for more than 58,000 people during times of special need.
(C) Such nonprofit organizations are no longer able to purchase non-owned aircraft liability insurance to provide liability protection at a reasonable price, and therefore face a highly detrimental liability risk.
(D) Such nonprofit organizations have supported the homeland security of the United States by providing volunteer pilot services during times of national emergency.
(2) PURPOSE.--The purpose of this section is to promote the activities of volunteer pilot nonprofit organizations that fly for public benefit and to sustain the availability of the services that such nonprofit organizations provide, including the following:
(A) Transportation at no cost to financially needy medical patients for medical treatment, evaluation, and diagnosis.
(B) Flights for humanitarian and charitable purposes.
(C) Other flights of compassion.
(c) Liability Protection for Volunteer Pilot Nonprofit Organizations That Fly for Public Benefit and to Pilots and Staff of Such Nonprofit Organizations.--Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503) is amended--
(1) in subsection (a)(4)--
(A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(B) by striking "the harm" and inserting "(A) except in the case of subparagraph (B), the harm";
(C) in subparagraph (A)(ii), as redesignated by this paragraph, by striking the period at the end and inserting "; and"; and
(D) by adding at the end the following:
"(B) the volunteer--
"(i) was operating an aircraft in furtherance of the purpose of a volunteer pilot nonprofit organization that flies for public benefit; and
"(ii) was properly licensed and insured for the operation of such aircraft."; and
(2) in subsection (c)--
(A) by striking "Nothing in this section" and inserting the following:
"(1) IN GENERAL.--Except as provided in paragraph (2), nothing in this section"; and
(B) by adding at the end the following:
"(2) EXCEPTION.--A volunteer pilot nonprofit organization that flies for public benefit, the staff, mission coordinators, officers, and directors (whether volunteer or otherwise) of such nonprofit organization, and a referring agency of such nonprofit organization shall not be liable for harm caused to any person by a volunteer of such nonprofit organization while such volunteer--
"(A) is operating an aircraft in furtherance of the purpose of such nonprofit organization;
"(B) is properly licensed for the operation of such aircraft; and
"(C) has certified to such nonprofit organization that such volunteer has insurance covering the volunteer's operation of such aircraft.".

(As printed in the Congressional Record for the Senate on Feb 1, 2011.)